Constitutional Carry Act

I signed. Hope you guys do too.

Yesterday State Rep. Chris Holbert (R-Parker) and State Sen. Greg Brophy (R-Wray) introduced HB1205, the Constitutional Carry Act of 2011.​

This bill is designed to do one thing: allow citizens who are legally eligible to possess handguns to carry that handgun without obtaining a costly, burdensome and bureaucratic permit.​

One of the chief advantages this bill presents is that citizens are not put on any government tracking list merely for carrying the tools for self defense. Citizens in Vermont, Alaska and Arizona currently enjoy that right, and Wyoming could be joining that list in the next few months.​

Just as important as what HB1205 does are what it does not do:​

• Does not repeal or otherwise change Colorado’s existing concealed carry permit law (CRS 18-12-201).
• Does not authorize the carrying of a concealed handgun by felons, the mentally ill, juveniles or anyone otherwise prohibited from possessing a handgun under state and federal law.
• Does not change where concealed handguns are allowed as defined by CRS 18-12-214.
• Does not affect reciprocity agreements with other states in any manner.
• Does not affect the ability of prosecutors to pursue charges for other crimes.

This bill is a major step for freedom, and is something every gun owner in Colorado should get behind.​

Make sure you sign our petition for this bill by clicking here. We’ll let you know as soon as this bill is scheduled for a House Committee.​

For Freedom,​

Dudley Brown
Executive Director​

P.S. If you’d like to support the passage of this bill financially, you can do so by clicking here.​

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"This bill is designed to do one thing: allow citizens who are legally eligible to possess handguns to carry that handgun without obtaining a costly, burdensome and bureaucratic permit."

"Does not repeal or otherwise change Colorado’s existing concealed carry permit law (CRS 18-12-201)."


So....... what exactly DOES this bill do? Just makes it "officially" legal to open-carry?

As I understand it, if this bill passes, the State still requires that you get a permit........ to carry concealed anyway........ :dunno:

YELLAHEEP said:

So....... what exactly DOES this bill do? Just makes it "officially" legal to open-carry?

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Makes it legal to concealed carry without the need for a permit, however previously optioned CHPs are still valid. The Second Amendment is your concealed weapons permit, as it should be.
It basically reverses the current laws, instead of if being illegal to carry unless you have a permit, it'll now be legal to carry unless you have criminal charges/mentally unstable/other reason you shouldn't carry a gun.

Well maybe I'm not getting the jist of the "legal-eez" of the verbiage in the bill as posted by you......

It says it won't change anything already in place:

Does not repeal or otherwise change Colorado’s existing concealed carry permit law (CRS 18-12-201).

-So, we'd still have to get a CO permit

Does not authorize the carrying of a concealed handgun by felons, the mentally ill, juveniles or anyone otherwise prohibited from possessing a handgun under state and federal law.

-So, people would still have to go through the same process to legally own and carry a firearm........ once approved, they'd STILL have to get a CCW.

Does not change where concealed handguns are allowed as defined by CRS 18-12-214.

-Ok, I get that one.

Does not affect reciprocity agreements with other states in any manner.

-Wouldn't this bill in effect render these reciprocity agreements obsolete? I mean if the Federal Gov't allows for concealed carry across the U.S. ...... then what do the states need reciprocity for?

Does not affect the ability of prosecutors to pursue charges for other crimes.

-How is the current system any different in this regard? Prosecutors have never had a problem charging other crimes regardless if the offender was charged with unlawful CCW.....

Where can I read the actual bill? Google turns up just what you originally posted, or old HB 1205's from previous years and different subject matter..........

By not repealing the CHP laws, it allows people to go get a CHP if they intend on traveling to other states with reciprocity laws (agreements?) with CO... but would allow "Constitutional Carry" within the state.

Check out this link
http://www.gunlaws.com/ConstitutionalCarry.htm

The laws also state that the state and local county's control the firearm laws not the Federal government so the whole thing to me is a waste of time as far as Colorado goes , other than places like Aurora that have stricter gun laws that other places this is pretty much obsolete , and even then it doesn't stop the state from banning open carry period .

Good luck getting the Federal government to help you out when the state deems fit to charge you ,
All it really takes is an LEO to charge you , right or wrong good luck fighting it .

Ok, that link cleared up some of it but.......

Folks need to realize that this bill does not change the CONCEALED carry laws.

As I read it, "Constitutional Carry" is open carry...... the right to bear arms is in itself too vague in today's realm - one would think it should mean to possess the firearm, whether it be in your pocket or on your hip.

Essentially this bill doesn't affect Colorado much, but it might affect something like Denver's open carry bans in public places ordinances........ Although, IIRC, State and local laws can override Federal laws regarding gun control....... right?

:dunno:

DJManche said:

The laws also state that the state and local county's control the firearm laws not the Federal government so the whole thing to me is a waste of time as far as Colorado goes , other than places like Aurora that have stricter gun laws that other places this is pretty much obsolete , and even then it doesn't stop the state from banning open carry period .

Good luck getting the Federal government to help you out when the state deems fit to charge you ,
All it really takes is an LEO to charge you , right or wrong good luck fighting it .

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Seems to be working pretty well for Alaska and Vermont. And now Arizona too.

YELLAHEEP said:

Ok, that link cleared up some of it but.......

Folks need to realize that this bill does not change the CONCEALED carry laws.

As I read it, "Constitutional Carry" is open carry...... the right to bear arms is in itself too vague in today's realm - one would think it should mean to possess the firearm, whether it be in your pocket or on your hip.

Essentially this bill doesn't affect Colorado much, but it might affect something like Denver's open carry bans in public places ordinances........ :dunno:

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Ah, that makes more sense. I was under the impression that it allowed concealed carry as well. Either way, its certainly a bill I want passed.

YELLAHEEP said:

Ok, that link cleared up some of it but.......

Folks need to realize that this bill does not change the CONCEALED carry laws.

As I read it, "Constitutional Carry" is open carry...... the right to bear arms is in itself too vague in today's realm - one would think it should mean to possess the firearm, whether it be in your pocket or on your hip.

Essentially this bill doesn't affect Colorado much, but it might affect something like Denver's open carry bans in public places ordinances........ Although, IIRC, State and local laws can override Federal laws regarding gun control....... right?

:dunno:

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Correct , the state at any time can revoke the right to open carry . Keep in mind we already have this right to bear arms but some county's and states have already taken that from us or changed the terms of legal carry .
All this does is allow people in states that prohibit open carry without a permit to cary with or without .
In Colorado we can carry openly throughout most of the state anyway so to us this changes nothing .

It don't matter if it is working in alaska and the feds will never pass it ,way to many numb n-ts in congress vermont

Update

Seems to me that you will no longer need a permit and it will pass.

http://www.denverpost.com/search/ci_17511028

http://www.leg.state.co.us/CLICS/CL...83112C8725781E005F3120?Open&file=1205_eng.pdf

Edit:
I read the bill a few times and how I read it, my understanding is techically you will still have to obtain a permit, but this bill would protect you if you commited an offense while carrying concealed without a permit, if you were following the required specifications to obtain a CCW. It will be very interesting if it does pass.

There was some mention of AZ in your thread. Currently AZ allows open carry at any time and has allowed open carry since I began my career 30 years ago. Most recent legislation passed last year allows anyone of age to carry concealed (except where prohibited) without a permit. The concealed carry without a permit is only legal within AZ. CCW permits can still be obtained but are not required.

you read it right -- my nutshell read, and there is some interpretive wiggle room here for activist judges: all non-felons of age 21 or greater may concealed carry without being subject to prosecution under the unlawful carry on school/university grounds - unlawfull concealed carry statutes, provided they are not in violation of other laws that would make such carry/concealed carry illegal (i.e. intoxicated, amongst other things). The wiggle room is this -- Heller and its progency are not exactly on the lines of "the 2nd amendment is my permit", rather they allow for "reasonable restriction"... to the extent that a new court would soften Heller on this ground, and to the extent that a Colorado judge might ignore the fact that Colorado's constitutional guarantee is both more explicit and broader than the 2nd amendment, the times where a court might say you're "otherwise legal to carry" could get a bad interpretation. That and, as evidenced by the police lobbies pushing against it, whether or not you are technically within the law does not mean you won't get harrassed (sorry to Troy and other LEO who I know don't act in this manner, its the only word I'm coming up with) by cops on the beat who either feel threatened by your possession, or elect to let the judge decide you were OK to carry after they charge you (still a PITA for you).

don't get me wrong, I'm all for it, but would prefer to see simpler bills/acts along the lines of expressly interpreting constitutional provisions such as "shall not be infringed" to mean exactly that, and stating no further legislation is necessary -- i.e. true "2nd amendment is my permit" sentiment from legislatures. This way it seems as though our keepers at our government are granting us a right/exception that in fact we already have, and is already guaranteed by the constitution.

/rant.

Ouch Chris! My head already hurts due to reading my criminal law book. Although I should have known that you would chime in once I posted.

look at it this way, would you rather the legislature simply says, "the constitution guarantees your right to bear arms, so have at it" (meaning they say virtually nothing), or pass another law exempting you from a previous law, that may or may not be consistent with constitutional interpretations by multiple courts.... I'm arguing for the former, the latter does nothing but eventually violate natural rights and employ a lot of argumentative damn lawyers.

no doubt!

can someone put this in english for me for us CO peeps

I think it means that a hell of a lot of numb nuts ,will be packing , and a lot of them will shoot thereselves , Seriously not much will change

lol. im just curious as to what to expect now with the change, from the LEO standpoint. or having it with me and being questioned by LEO

Anyone know when this is voted upon?